California Legislature—2013–14 Regular Session

Assembly BillNo. 2217

Introduced by Assembly Member Melendez

February 20, 2014

An act to add Section 49416 to the Education Code, relating to pupil health.


AB 2217, as introduced, Melendez. Pupil and personnel health: automatic external defibrillators.

Existing law authorizes a school district or school to provide a comprehensive program in first aid or cardiopulmonary resuscitation training, or both, to pupils and employees, and requires the program to be developed using specified guidelines.

This bill would state the intent of the Legislature to encourage all public schools to acquire and maintain at least one automatic external defibrillator (AED). The bill would authorize a public school to solicit and receive nonstate funds to acquire and maintain an AED. The bill would provide that the school district and employees of the school district are not liable for civil damages resulting from certain uses, attempted, uses, or nonuses of an AED, except as provided.

Vote: majority. Appropriation: no. Fiscal committee: no. State-mandated local program: no.

The people of the State of California do enact as follows:

P1    1


Section 49416 is added to the Education Code,
2to read:

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(a) It is the intent of the Legislature to encourage all
2public schools to acquire and maintain at least one automatic
3external defibrillator (AED).

4 (b) A public school may solicit and receive nonstate funds to
5acquire and maintain an AED. These funds shall only be used to
6acquire and maintain an AED and to provide training to school
7employees regarding use of an AED.

8(c) Except as provided in subdivision (d), if an employee of a
9school district complies with Section 1714.21 of the Civil Code
10in rendering emergency care or treatment through the use,
11attempted use, or nonuse of an AED at the scene of an emergency,
12the school district and the employee shall not be liable for any civil
13damages resulting from any act or omission in rendering the
14emergency care or treatment.

15(d) Subdivision (c) does not apply in the case of personal injury
16or wrongful death that results from gross negligence or willful or
17wanton misconduct on the part of the person who uses, attempts
18to use, or maliciously fails to use an AED to render emergency
19care or treatment.

20(e) This section does not alter the requirements of Section
211797.196 of the Health and Safety Code.